BILL NUMBER: AB 1851	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2014

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 19, 2014

   An act to amend  and repeal  Section 46601 of the
Education Code, relating to school attendance.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1851, as amended, Bradford. School attendance: interdistrict
attendance.
   Existing law authorizes the governing boards of 2 or more school
districts to enter into an agreement for the interdistrict attendance
of pupils who are residents of the school districts. If the
governing board of either of 2 school districts subject to such an
agreement fails to approve a request for a permit to attend another
school district that is also a party to the agreement within 30
calendar days after the person having legal custody of a pupil has
requested the permit, or, in the absence of an agreement between the
school districts, fails or refuses to enter into an agreement, the
person requesting the permit shall be advised of the right to appeal
to the county board of education, as specified. Existing law requires
the county board of education, within 30 calendar days after the
appeal is filed, to determine whether the pupil should be permitted
to attend the school district in which the pupil desires to attend
and the applicable period of time, unless the county board of
education is located in a class 1 or class 2 county, as defined, in
which case the county board of education, until July 1, 2015, is
required to make this determination within 40 schooldays.
   This bill  would delete the July 1, 2015, repeal date
thereby indefinitely requiring   would, until July 1,
2018, require  a county board of education located in a class 1
or class 2 county, as defined, to determine within 40 schooldays
whether the pupil should be permitted to attend the school district
in which the pupil desires to attend and the applicable period of
 time.   attendance.  The bill would make
nonsubstantive changes to  this provision.  
these provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 46601 of the Education Code, as amended by
Section 2 of Chapter 87 of the Statutes of 2011, is amended to read:
   46601.  (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the
school districts, fails or refuses to enter into an agreement, the
school district denying the permit, or, in the absence of an
agreement, the school district of residence, shall advise the person
requesting the permit of the right to appeal to the county board of
education.
   (b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each school district not later than 30
calendar days before the commencement of instruction in that term in
that school district, the governing board of either school district
fails to approve interdistrict attendance in that term, or, in the
absence of an agreement between the school districts to permit that
attendance, fails or refuses to enter an agreement, the school
district denying the permit, or, in the absence of an agreement, the
school district of residence, shall advise the person requesting the
permit of the right to appeal to the county board of education.
   (c) Notifying school districts shall also, in all instances,
advise persons making unsuccessful requests for interdistrict
attendance of all of the following:
   (1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the school district of residence
of the parent or legal guardian or person having legal custody.
Failure to appeal within the required time is good cause for denial
of an appeal. An appeal shall be accepted only upon verification by
the county board of education's designee that appeals within the
school districts have been exhausted. If new evidence or grounds for
the request are introduced, the county board of education may remand
the matter for further consideration by the school district or
districts. In all other cases, the appeal shall be granted or denied
on its merits.
   (2) (A) (i) The county board of education shall, unless clause
(ii) applies, within 30 calendar days after the appeal is filed,
determine whether the pupil should be permitted to attend in the
school district in which the pupil desires to attend and the
applicable period of  time.   attendance. 
   (ii) The county board of education in a class 1 or class 2 county
shall, within 40 schooldays after the appeal is filed, determine
whether the pupil should be permitted to attend in the school
district in which the pupil desires to attend and the applicable
period of  time.   attendance. 
   (B) In the event that compliance by the county board of education
within the time requirement for determining whether the pupil should
be permitted to attend in the school district in which the pupil
desires to attend is impractical, the county board of education or
the county superintendent of schools, for good cause, may extend the
time period for up to an additional five schooldays. The county 
board of education  shall provide adequate notice to all parties
of the date and time of any hearing scheduled and of the opportunity
to submit written statements and documentation and to be heard on
the matter pursuant to rules and regulations adopted by the county
board of education in accordance with this chapter. The county board
of education's rules may provide for the granting of continuances
upon a showing of good cause. The county board of education shall
render a decision within three schooldays of any hearing conducted by
the county board of education unless the person who filed the appeal
requests a postponement.
   (C) In a class 1 or class 2 county, the county board of education'
s rules may provide for any hearing pursuant to this section to be
conducted by a hearing officer pursuant to Chapter 14 (commencing
with Section 27720) of Part 3 of Division 2 of Title 3 of the
Government Code, or by an impartial administrative panel of three or
more certificated persons appointed by the county board of education.
Section 27722 of the Government Code applies to a hearing by an
impartial administrative panel and, for purposes of this section, the
term "hearing officer" in Section 27722 of the Government Code
includes an impartial administrative panel. A member of the impartial
administrative panel shall not be a member of the county board of
education, nor be employed by the school district of residence or the
school district of desired attendance.
   (D) The definitions of "class 1 county" and "class 2 county" in
subdivision (e) of Section 48919.5 apply to this section. If the
hearing officer is not authorized to decide whether the pupil should
be permitted to attend in the school district in which the pupil
desires to attend, the county board of education, within 10 days of
receiving the recommended decision pursuant to subdivision (b) of
Section 27722 of the Government Code, shall render a decision.
   (3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
of education in reaching a decision.
   (4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the school district denying a permit, or refusing
or failing to enter into an agreement to allow for the issuance of a
permit, shall have jurisdiction for purposes of an appeal. If both
school districts deny a permit, or refuse or fail to enter into an
agreement to allow for the issuance of a permit, the county board of
education having jurisdiction over the school district of residence
shall have jurisdiction for purposes of an appeal and, upon granting
a pupil's appeal, shall seek concurrence in the decision by the
county board of education of the other county  which
  that  shall provide adequate opportunity for the
school district under its jurisdiction to be heard on the matter
before making a decision. If the two county boards of education do
not then concur, the pupil's appeal shall be denied.
   (5) Pupils who are under consideration for expulsion, or who have
been expelled pursuant to Sections 48915 and 48918, may not appeal
interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion. 
   (d) This section shall become inoperative on July 1, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
 
  SEC. 2.    Section 46601 of the Education Code, as
added by Section 3 of Chapter 87 of the Statutes of 2011, is
repealed. 
   SEC. 2.    Section 46601 of the   Education
Code   , as added by Section 3 of Chapter 87 of the 
 Statutes of 2011, is amended to read: 
   46601.  (a) If, within 30 calendar days after the person having
legal custody of a pupil has so requested, the governing board of
either school district fails to approve interdistrict attendance in
the current term, or, in the absence of an agreement between the 
school  districts, fails or refuses to enter into an agreement,
the  school  district denying the permit, or, in the
absence of an agreement, the  school  district of residence,
shall advise the person requesting the permit of the right to appeal
to the county board of education.
   (b) If, within 14 calendar days after the commencement of
instruction in a new term in each of the school districts,
respectively, when the person having legal custody of a pupil has so
requested separately of each  school  district not later
than 30 calendar days  prior to   before 
the commencement of instruction in that term in that  school
 district, the governing board of either  school 
district fails to approve interdistrict attendance in that term, or,
in the absence of an agreement between the  school 
districts to permit that attendance, fails or refuses to enter an
agreement, the  school  district denying the permit, or, in
the absence of an agreement, the school  district of
residence, shall advise the person requesting the permit of the right
to appeal to the county board of education.
   (c) Notifying  school  districts shall also, in all
instances, advise persons making unsuccessful requests for
interdistrict attendance of all of the following:
   (1) The person having legal custody may appeal, within 30 calendar
days of the failure or refusal to issue a permit, or to enter into
an agreement allowing the attendance, to the county board of
education having jurisdiction over the  school  district of
residence of the parent or legal guardian or person having legal
custody. Failure to appeal within the required time is good cause for
denial of an appeal. An appeal shall be accepted only upon
verification by the county  board's   board of
education's  designee that appeals within the  school 
districts have been exhausted. If new evidence or grounds for the
request are introduced, the county board  of education  may
remand the matter for further consideration by the  school 
district or districts. In all other cases, the appeal shall be
granted or denied on its merits.
   (2) (A) The county board of education shall, within 30 calendar
days after the appeal is filed, determine whether the pupil should be
permitted to attend in the  school  district in which the
pupil desires to attend and the applicable period of  time.
  attendance. 
   (B) In the event that compliance by the county board  of
education  within the time requirement for determining whether
the pupil should be permitted to attend in the  school 
district in which the pupil desires to attend is impractical, the
county board  of education  or the county superintendent of
schools, for good cause, may extend the time period for up to an
additional five schooldays. The county  board of education 
shall provide adequate notice to all parties of the date and time of
any hearing scheduled and of the opportunity to submit written
statements and documentation and to be heard on the matter pursuant
to rules and regulations adopted by the county board of education in
accordance with this chapter. The county board  of education's
 rules may provide for the granting of continuances upon a
showing of good cause. The county board of education shall render a
decision within three schooldays of any hearing conducted by the 
county  board  of education  unless the person who
filed the appeal requests a postponement.
   (C) In a class 1 or class 2 county, the county board  of
education's  rules may provide for any hearing pursuant to this
section to be conducted by a hearing officer pursuant to Chapter 14
(commencing with Section 27720) of Part 3 of Division 2 of Title 3 of
the Government Code, or by an impartial administrative panel of
three or more certificated persons appointed by the county board of
education. Section 27722 of the Government Code  is
applicable   applies  to a hearing by  any
  an  impartial administrative panel and, for
purposes of this section, the term "hearing officer" in Section 27722
of the Government Code includes an impartial administrative panel.
 No   A  member of the impartial
administrative panel shall  not  be a member of the county
board of education, nor be employed by the school district of
residence or the  school  district of desired attendance.
   (D) The definitions of "class 1 county" and "class 2 county" in
subdivision (e) of Section 48919.5 apply to this section. If the
hearing officer is not authorized to decide whether the pupil should
be permitted to attend in the  school  district in which the
pupil desires to attend, the county board of education, within 10
days of receiving the recommended decision pursuant to subdivision
(b) of Section 27722 of the Government Code, shall render a decision.

   (3) The county supervisor of attendance, or other designee of the
county superintendent of schools, shall investigate to determine
whether local remedies in the matter have been exhausted and to
provide any additional information deemed useful to the county board
 of education  in reaching a decision.
   (4) If the interdistrict attendance involves school districts
located in different counties, the county board of education having
jurisdiction over the  school  district denying a permit, or
refusing or failing to enter into an agreement to allow for the
issuance of a permit, shall have jurisdiction for purposes of an
appeal. If both  school  districts deny a permit, or refuse
or fail to enter into an agreement to allow for the issuance of a
permit, the county board  of education  having jurisdiction
over the  school  district of residence shall have
jurisdiction for purposes of an appeal and, upon granting a pupil's
appeal, shall seek concurrence in the decision by the county board
 of education  of the other county  which 
 that  shall provide adequate opportunity for the 
school  district under its jurisdiction to be heard on the
matter before making a decision. If the two county boards  of
education  do not then concur, the pupil's appeal shall be
denied.
   (5) Pupils who are under consideration for expulsion, or who have
been expelled pursuant to Sections 48915 and 48918, may not appeal
interdistrict attendance denials or recisions while expulsion
proceedings are pending, or during the term of the expulsion.
   (d) This section shall become operative on July 1,  2015.
  2018.